Does Indiana require separation before divorce?

Does Indiana require separation before divorce?

The filing of the Petition for Dissolution of marriage starts the divorce process in Indiana. And, unless the parties have filed a legal petition for separation before filing for divorce, the filing of the Petition for Dissolution of Marriage also acts as the legal date of separation of the parties.

How long can you be legally separated in Indiana?

In some states, couples can stay legally separated indefinitely, but in Indiana, your legal separation can’t exceed 12-months, which means that you have one year to decide whether you want to reconcile or file for divorce.

Is Indiana a 50 50 State for divorce?

Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. Factors such as one spouse’s economic misconduct may also be considered.

How to file for divorce in the state of Indiana?

To file for a divorce or legal separation, either party must be a resident of Indiana or stationed at a U.S. military installation within the state for six months immediately preceding the filing of the petition.

Who is the respondent in a divorce in Indiana?

Divorce in Indiana. First off, if one spouse intends to file, that spouse will then be called the ‘Petitioner.’ The other spouse will be called the ‘Respondent’ in the matter. Once divorce is eminent, there’s one requirement in the state of Indiana that needs to be met before filing.

What’s the waiting period for divorce in Indiana?

Once you file your Petition for Dissolution, Indiana law implements a 60-day waiting period during which the parties’ divorce may not be granted. After expiration of the waiting period, the parties may proceed to a final hearing to resolve their dissolution. However, it could take longer than 60 days,…

Can a no fault divorce be granted in Indiana?

However, Indiana is a no-fault state, meaning the court will also grant the parties a divorce on the grounds that there has been an irretrievable breakdown of the marriage, i.e. neither party is at fault. Does it matter who files for divorce first in Indiana?

How does the divorce process work in Indiana?

The filing of the Petition for Dissolution of marriage starts the divorce process in Indiana. And, unless the parties have filed a legal petition for separation before filing for divorce, the filing of the Petition for Dissolution of Marriage also acts as the legal date of separation of the parties.

How much does it cost to file for divorce in Indiana?

After you fill out the petition, you are ready to file for divorce in Indiana. You will take your petition for dissolution of marriage to the county courthouse and file it with the clerk of the court. Typically, depending on your county, the filing fee for this will be between $100 and $150.

Once you file your Petition for Dissolution, Indiana law implements a 60-day waiting period during which the parties’ divorce may not be granted. After expiration of the waiting period, the parties may proceed to a final hearing to resolve their dissolution. However, it could take longer than 60 days,…

Do you have to file a responsive pleading for divorce in Indiana?

The divorce laws in Indiana state that you may file a responsive pleading, but it is not required. As explained above, just because you do not file a responsive pleading to the Petition for Dissolution does not mean that the things the other party requested in their petition will be granted. You can file a counter-petition for divorce.